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ZONING BOARD OF APPEALS AGENDA
CITY OF NOVI
Regular Meeting
Tuesday, May 13, 2008 | 7:00 P.M.
Council Chambers | Novi Civic Center | 45175 W. Ten Mile Road
(248) 347-0580

 

Roll call Members Bauer, Fischer, Ghannam, Ibe, Krieger, Sanghvi, Shroyer, and Wrobel

Pledge of Allegiance

Public Hearing Format and Rules of Conduct

Approval of Agenda

Approval of Minutes – April 8, 2008

Public Remarks

1. Case No. 08-017 filed by Larry Shew of Meadow Pointe LLC for Avalon Pointe Office Center located at 41805 Eleven Mile Road – postponed from 4-8-08
( Click for this packet item 266KB)

Larry Shew of Meadow Pointe LLC representing Avalon Pointe Office Center is requesting an extension for the continued use of a sixty (60) square foot temporary construction identification sign to remain on the property located at 41805 Eleven Mile Road until the first certificate of occupancy for the third building is issued. Property is zoned I-1 and is located south of Eleven Mile Road and west of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (1) Temporary Signs, Maximum Permit Duration or Exemption states: "Construction identification sign not to be issued prior to the first starting permit and is valid until issuance of the first certificate of occupancy".

 

2. Case No. 08-018 filed by Edie Victor of Gardner Signs Inc. for Huntington Bank located at 43200 Ten Mile Road
( Click for this packet item 209KB)

Gardner Signs Inc. representing Huntington Bank is requesting a thirteen (13) square foot area variance and a one-foot height variance for an 8 x 6 foot multi tenant ground sign measuring forty-eight (48) square feet to be located at 43200 Ten Mile Road for the Huntington Bank and the Vantage Point Shopping Center. Property is zoned B-3 and located north of Ten Mile Road and east of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) a 1. i. and Section 28-5 (2) a 2. ii Area Height and placement regulations for ground signs states: "Ground signs shall not exceed one (1) square foot for each two (2) feet of setback from the nearest street center line as required or exceed a height of six (6) feet."

CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 a. Prohibited Signs states: "A sign not expressly permitted is prohibited.

 

3. Case No. 08-019 filed by RMJ Development for 25280 Seeley Road
( Click for this packet item 844KB)

Donny Coach representing RMJ Development is requesting a variance to continue the nonconforming use of outdoor storage for building materials, contractor’s equipment/supplies and to park RMJ Development vehicles on the property located at 25280 Seeley Road. Property is zoned I-1 and located north of Grand River Avenue and east of Seeley Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 2502.5 C Nonconforming Uses of Structures and Land states: "If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification provided that the Board of Appeals, either by general rule of by making finding in the specific case, shall find that the proposed use is equally appropriate of more appropriate to the district than the existing conforming use."

 

4. Case No. 08-020 filed by L & A Architects Inc. for Taco Bell located at 21090 Haggerty Road
( Click for this packet item 251KB)

Joe Zabolotny of L & A Architects Inc. is requesting one ten (10) foot front yard parking setback variance, one variance to the required number of parking spaces, one five (5) foot side yard dumpster setback variance and one variance to the requirement that loading areas be screened from view from any public right-of-way, including free way right-of-way and adjacent properties for the Taco Bell restaurant located at 21090 Haggerty Road. Property is zoned FS and is located north of Eight Mile Road and east of Haggerty Road.

CITY OF NOVI, CODE OF ORDINANCES, Article 24, Schedule of Regulations Section 2400 states "In an FS district the required front yard setback variance is twenty (20) feet."

REQUIRED FRONT YARDC PARKING SETBACK    20 FEET
PROPOSED FRONT YARD PARKING SETBACK     10 FEET
VARIANCE REQUESTED                                       10 FEET

CITY OF NOVI, CODE OF ORDINANCES, Article 25, Section 2505 14. c. (8A) Off-Street Parking Drive-through restaurants states "The minimum number of off-street spaces shall be one (1) for each employee plus one (1) for every two (2) persons allowed in seating areas."

REQUIRED PARKING SPACES PROVIDED        38
PROPOSED PARKING SPACES PROVIDED      36
VARIANCE REQUESTED                                    2

CITY OF NOVI, CODE OF ORDINANCES, Article 25, Section 2503 2. F. 4. Accessory Uses states " No refuse bin screening enclosure shall be located closer to the property line than the minimum parking lot setback."

MINIMUM SIDE YARD SETBACK FOR DUMPSTER        10 FEET
PROPOSED SIDE YARD SETBACK FOR DUMPSTER      5 FEET
VARIANCE REQUESTED                                                 5 FEET

CITY OF NOVI, CODE OF ORDINANCES, Article 23A., Section 2302A. 1. Required Conditions states " Truck service areas and overhead truck loading/unloading doors shall be totally screened form view from any public right-of-way, including freeway right-of-way, and adjacent properties."

 

5. Case No. 08-022 filed by Linda Cornillie for 1601 East Lake Road
( Click for this packet item 90KB)

Linda Cornillie is requesting one four (4) foot side yard setback variance and one 5% rear yard lot coverage variance for the construction of a new 528 square foot detached garage to be located at 1601 East Lake Road. Property is zoned R-4 and located north of Thirteen Mile Road and west of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Article 25, Section 2503 states "The total floor area of all accessory buildings shall not occupy more than twenty-five (25) percent of any required rear yard…..A detached accessory building shall not be located closer than six (6) feet to any interior side lot line".

REQUIRED INTERIOR SIDE YARD SETBACK      6 FEET
PROPOSED INTERIOR SIDE YARD SETBACK    2 FEET
VARIANCE REQUESTED                                   4 FEET

REQUIRED REAR YARD LOT COVERAGE         25%
PROPOSED REAR YARD LOT COVERAGE       30%    
VARIANCE REQUESTED                                    5%

 

6. Case No. 08-023 filed by Edward Balfe for Erickson Retirement Communities – Fox Run Village located at 41000 W. Thirteen Mile Road
( Click for this packet item 385KB)

Edward Balfe of Erickson Retirement Communities – Fox Run Village is requesting an extension to allow the continued placement of a temporary construction identification sign located at 41000 W. Thirteen Mile Road. The sign was originally approved in ZBA04-012 for one year and granted a three year extension in ZBA04-117. The property is zoned RM-1 and is located north of Thirteen Mile Road and west of the M-5 expressway.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (1) Temporary Signs states: "Construction identification sign which identifies the name of the project developers, contractors, engineers, architects…are permitted until issuance of the first certificate of occupancy."

 

7. Case No. 08-024 filed by David Hengstebeck for 23770 Meadowbrook Road
( Click for this packet item 1.3MB)

David Hengstebeck is requesting one 8.3 foot aggregate side yard setback variance for the addition of a new attached garage to an existing nonconforming structure located at 23770 Meadowbrook Road. Applicant’s property has an existing 4.2 foot north side yard setback. Property is zoned R-4 and is located east of Meadowbrook Road and north of Malott Drive.

CITY OF NOVI, CODE OF ORDINANCES, Article 24, Schedule of Regulations requires single family homes in the R-4 zoning district to maintain:

REQUIRED AGGREGATE SIDE YARD      25 FEET
PROPOSED AGGREGATE SIDE YARD    16.7 FEET
VARIANCE REQUESTED                           8.3 FEET

CITY OF NOVI, CODE OF ORDINANCES, Article 25, Section 2502 4. A. Nonconforming Structure’s states: "No such structure may be enlarged or altered in a way which increases its non-conformity."

 

OTHER MATTERS

Rules of Procedure

 

NOTICE: People with disabilities needing accommodations for effective participation in this meeting should contact the Community Development Department (248) 347-0415 at least seven working days in advance of the meeting. An attempt will be made to make reasonable accommodations.

 

 

 

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